Co-ownership: Should Joint Tenancies Be Abolished? A Legal Essay

This essay provides a comprehensive overview of co-ownership in real estate, focusing on the distinctions between joint tenancies and tenancies in common. It begins by introducing different forms of property ownership, including freehold estates and concurrent ownership. The main body delves into the characteristics of various ownership types, such as fee simple absolute and defeasible fees, explaining the rights and limitations associated with each. The essay then explores joint tenancy, detailing its key features, including the right of survivorship and the four unities required for its creation. It contrasts joint tenancy with tenancy in common, highlighting the absence of survivorship rights in the latter. The essay also touches upon tenancy by the entirety and the historical context of property rights. The essay concludes with a discussion on the complexities of differentiating between joint tenancy and tenancy in common, emphasizing the importance of understanding these concepts in property law. The essay examines the nature of joint tenancies and considers arguments for and against their continued use in modern legal systems.

Co-ownership -should
joint tenancies be
abolished as outdated
or all be deemed to be
tenancies in common

Table of Contents
INTRODUCTION ..........................................................................................................................1
MAIN BODY...................................................................................................................................1
CONCLUSION ...............................................................................................................................1
REFERENCES ...............................................................................................................................1

INTRODUCTION
In countries there shall be different forms of real estates and there different tales of
ownership. There are different types and forms which depend into the several large degree in the
extent to which the owner has the right to possess the property. please interest me depend on the
price tag of audition of the owner and the current right of possession over the property or it might
be given to the next owner for the future processor of the property which is generally called as
usual interest. The such instances of lands can be called as freehold which provide a position
which is actually a legal Titan or a legal right that holds the property for example for life is states
of these which regulated over it is nearly any type of possession of property. The ownership of
any land either be potentially finite in such cases there is a simple fever which is given or either
given for a very small period of time and generally as in case of real estate it can last for several
years. Furthermore generally all states may be held header concurrently by many individuals.
These people generally have all the rights and can enjoy to process the land and the property in
the meanwhile can share the whole property at the same time the general forms in concurrent
ownership includes a certain amount of joint tenancy or other tenancy which is entirely over
them .the file discusses the nature and all type of tenancy records plus is the real estate
ownership and it’s different ways
MAIN BODY
There are several type of characteristics on which the ownership of the primary characteristics
can be defined in advantages and disadvantages some of them are (Zardo, 2017). fee simple
absolute:
This includes generally the largest and simple absolute States which is generally branded and
legalised by the law. the usual owners of such we have the full position and rights in the present
as well as in the period of time. Such holders have very limited authority either 2 to sell the
property or divided the property or otherwise they cannot even transfer the full property in the
name of some another person. The title to which such property is help is simply absolute and can
only be transferred by the legal document of deed, search operations and laws, if the fees or the
owner dies and then only such tits get active and the other individual which is supposed to get
transferred of whole of the property gets the real estate (Warwick-Giles, Coleman and
Checkland, 2016).
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Only at the cost of real owner dying or he or she himself transferring the property to someone
other person in any of the other cases such properties cannot be transferred or made in the name
of some another person. Delete the common rules which are required in some of the most
technical words says that that it is generally the inheritance by which such properties can only be
transferred to people who are in the same bloodline by the laws of judiciary. Generally such type
of statues provide a simple field title that is generally assumed that it shall be parsed on for the
grant of real property unless there is some situation where the Grand is lesser than the state
which was Intended
Defeasible fees
This one is generally called as the defamation fees this is generally simply and state of only
potential and finite duration can be held for permanent. They are only have got terminated
response of the happening of any specified for particular event on the property. Search defeatable
fees are generally subjected for a very limited or a special limitations and there are several
conditions which are subsequently applied over them plus there are executed limitations or there
are several combinations of all these restrictions over the property and the fees distribution. If
such of these fees are in a limited edition these are called a simple definable fees such absolute
fees have the holders given the authority to convey the fee simple determinable in nature.
however generally the title of the property that is generally in the hands of the transfer or also
known as the guarantee is subject for the possible termination where generally all the happenings
or some of the most events are specified perfectly. These are generally created in a language that
the Lord has a fee simple can wait for all the guarantee but it is only for a certain event that shall
occur and then only such property shall be given to the people generally for example it is made
for a certain age or a time period where after the person gets the complete possession of the
property. points of major of such events the title is generally given back to the original
granddaughter of the property for example in any case owner of some land has a three absolute
that he can give any type of symbol returnable to another person. This can be done after he can
convey that the other person is a simple determinable and there is a particular language given
where it is said that he is the next owner of the property. And in case of any longer period of time
the land will no longer be used it shall be given back to the original owner and then his later
owners of the property. Generally such is subject to a condition for a particular region or a
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determinant power then the guarantee of such happening of specified element can only imply for
the fact that the property will be transferred.
Joint tenancy )(Roth, Lowitzsch, Yildiz and Hashani 2018).
Joint tenancy is a form of general co ownership of any real property which is either distributed
among two or more than two individual where such when property is owned by all of them
together. Each person has the same rights and real rights as any other co owner of the property.
This generally has a very distinct feature which says that the right of survivorship generally the
storm means that that in case if any of the joint tenant dies in a certain amount of time and any
amount of time then the other entire ownership which is remain will be given to the other
surviving joint tenants with the descendant children or any other beneficiary. To create some
such joint tenancy at a common law there a four unities of time title interest and position which
are generally required to form such type of joint Palomar and et. al., 2016).
These four elements are one of the most crucial aspects which have to be completed and
then only search tendency can be performed. Search unities of proper title and time describe the
fact that any joint tenants have a particular interest of waste and have a same time by the same
convenience generally the unity of interest has to provide the correct interest of joint tenants and
at the same time and duration which means that all such tenant shall be requiring the same
property at the same time and should be investing it with the same commercial unit and property
distribution so that at the time of providing rights to all the tenants should not create any issues
while creating the agreement form. Generally in many state it is being eliminated that such of
these unities shall be creating a joint tenancy in the general modern law has provided a very
display variable and has given a very pre assumption about joint tenancy. There is a general
represent station where it is said to provide a clear expression where the intent of the parties is
provided and on such grounds the joint tenancy is create attendance is generally presumed in
nature. Search joint tenancy can be generally unite act of one of the joint tenants or that can be in
an inconsistent nature where the continued existence of such tenancy can be a general result of
such of any termination from any of the unities any act that converts that the joint tenancy is into
a planned concept. It is totally destroyed. Generally if such property is held by more than 3 e
people or individuals one of them in case has destroyed the general rules and regulation which
are present in the joint tenancy has to be provided a conveyors interest the fact that such sentence
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continue to hold the state in the joint tenancy while the other guarantee but has just only the
interest in common (Muchová, 2019).
Tenancy by the entirety
This tenancy generally is entirely for the material space between the relationship of husband and
wife. Disturbance generally very much similar to the term of joint tenancy where to individual
either by together or pain for a property for idea share a property to get for a certain period of
time. The general rights of one of the spouse cannot be defeated by any of the transport which is
made by any others power as a result either the husband or the wife cannot defeat in the right of
survivorship which means that can be conveyed to any other third party generally a valid
marriage is a tenancy itself.
Tenancy in common
This is generally for the concurrent state where there is generally no right over the survivorship
of the property’s. in simple terms with means that all the other living partners will be giving
getting the share of the deceased partner and the interest which is made on the real property
includes the decent share divided among all. This is generally refers where any of the person
who is having any person or any other generation which help be held entitled for the only living
of the share of property in that joint or government currency. In this generally there is a
particular proportionate which is generally undivided interest of the property interest is majorly
transferable and easily transferable to any other third party for the subject in the concept of
claims from any of the continents or any of the creditors of any person. Is very different from the
joint tenancy such tenancy is majorly covered on the fact of common requirements which is
called as the unity for the correct position such tenants are generally entitled for the whole
property but they might or they might not have equal or unequal shares over there shall be a
particular area of interest which will provide the different conveyance and different time for
sharing property. The general common law has to assume the fact that all the favours which are
created in the in the name of joint tenancy where any land which is either can wait between two
or more than two individual generally does not exist under any of the modern law. Plus it is
generally said that the language which is provided contrary is to be presumed in such tenancy as
in common is created. The land is generally consisted as one of the one thing which generally
everybody works for. generally two and several categories of equitable property rights provided
in the land all trust are generally based on the equity calling generally into the existence of
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several type of equitable interest or some sort of ownership which is separate from the particular
legal title search ownership of equitable it is in the effect of real estate.
There is always general confusion and misunderstanding in in properly differentiating between
joint tenancy and tenancy in common. Tenancy in common and tenancy in joint are generally
one of the most two well known and classification of ownership of any property. The general
difference between these two is that when generally a person is owning a house or a priest of real
estate it is divided as the matter of fact that one or more number of people are interested in
purchasing such real estate. There are several purchases which is obtained either done buy one of
the causes of who are generally legally married or some of them are event by and share a
particular place of house together. This is very important as it is one of the most determine points
where the rights towards the home whether they still live together or do not live together are
already transferred for the residence. In general terms basically any joint tenancy as to have a
homeownership in which both the parties or all the number of party should have the title in the
home name and should possess equal amount of interest in the property. in such kind of situation
each of the person of spouses share of very particular right and particular amount of interest over
the house in case of any separation of divorce between two of the people they can either choose
to sell the share of property to the other person or try and sell the whole property and divide the
amount received by selling it.
Tenancy on the other hand is generally called common as there is a ownership which is
pertaining over the property divided among the two individuals who share have and have got the
property together have certain right over the survivorship of property. There are several co
owners of such property and their particular shape and interest over the set property are divided
into equal parts there are certain situation where sustenance we can go down or where the parties
do not have equal share in such situation there is a particular term and condition or a scheme
which is entirely dependent on people eating the number of amount of share of all parties. In
such kind of tenancy there is a common term where if one of the person dies the party shall have
a general effect that shall be able for them for transferring the rights of the dyed partner in either
their favour or any of the person who is the next blood owner of the property. In such case where
each of the co-owners have a particular position time and tidal plus the interest over the property
is always viral in such transfer of rights there should be a particular will generation where a
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correct deed is made in the favour of the survivor and the share of interest which is given to the
heir of decedents property.
Should most of the joint tenancy be abolished as outdated
In general terms which means of old tenancy is being removed will it be providing any changes
in old tenancy effect or it will completely reflect over the fact of making changes or simple
removing it. It is generally said that whenever any old treaty is removed or any new law is
formed then the old remaining documents do not imply in the further future and are generally
removed. In the same context tenancy also works with the same position of time and in the time
period of having a joint tenancy there shall be several things which will lead to abolishment and
at some point of time it might become outdated in its working categories. Generally in the
present time holding in property drawing face is becoming a very popular essay and has impact
the property market on a major level such things requires and incapacity for correct planning and
using a correct technique which is simple and not that much expensive. This business will
usually never get out of trading or in business as it's in the present time one of the most
beneficiary techniques which shall be used by people for buying properties in different ratios and
later on selling or using such places for making money. Generally people always encourage each
other to buy several properties either in the name of two individuals or more than two individuals
such people can neither be interrelated or correlated plus they can also be married couples who
later in case have any kind of separation shall divide the property or give their share to the other
owner and divide property. In general fat joint tenancy is considered one of the most old fashion
relative li legal doctrine and very complicated structural body in the case of legal terms generally
for example in the case of any joint account which is managed by some peoples and is applicable
or incapable for keeping all the persons record directly while the account is generally held liable
for the parent and child it is resulted that because of there are several places which are done in
ownership price the general right after the death on pairing was directly in the hand of the
children and whenever rights( Hoffmann, 2016) The general concept which is connected to such
explanation believes as a matter of fact that the joint tenancy is one of the best property dealing
and cannot be outdated at any point of time this can only bring changes in the way as it works
which some of them are that more than two or three number of people will be able to share all
the property and have equal rights upon it. It also Jennifer is the fact there any property which is
generally required or owned by two people cannot be possessed by one of the people in case of
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the death of another part in such circumstances generally the property is either given to the blood
resource of the person or in case if it is required in the terms and condition. generally 4 unities
which are required in any joint tenancy some all of them are explained below:
 Unity of interest: this includes the fact that how much interest or proportion of amount is
shared by one person in property this term is is generally used over the fat where the
interest amount or ratio is not well defined among all the members in such condition the
general amount is distributed equally among all the members rather than calculating the
amount invested by them in the business the amount of work which is finished class also
has huge number of distributors then it shall be divided among all the people for the
particular share which is left of the other person is either remove and given to their blood
relation or is divided among all the people remaining ( CIOCHINĂ-BARBU) unity of
possession: the unity of possession is defined as the term means itself it is the correct
position of all the properties which comes under all the individuals. There are certain
rights and regulations which are given to all the tenants in this property and there has to
be the correct position where one of the person or all among them will be living under the
same roof.
 Unity of team: unity of team means the general term where all the team members are
provided and given the specific utilisation of all the working categories in the team and it
the property which is generally divided is for all the correct distribution among the
members and providing the correct assessment of dividing share (Johansson-Nogués,
2011). Unity of title: this is one of the most important and crucial aspect where the title
shall represent the ownership of all the members of property.while buying such property
if there are more than two people who are referring to pay for the property shall provide
the correct assessment and the knowledge of buying the property also there should be
several clauses which have to be fulfilled and then only people get the correct position of
property in country (Burns, 2013)( There are certain factors on which there is a particular
termination of the joint tenancy in certain cases with the tenancy has a right of
survivorship and there is a particular controversy which has always surrounded for the
fact that the acids which are held are interest for all the people and who are transferred
over them after their death and the real estate owner should be getting the correct
property amount or the area of interest is the beneficiary owner and the death is entitled
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to all the general property on similarly there is a controversy that whenever a joint
tenancy has been terminated it has developed several principles which shall be followed
for the correct assessment of such topic. They receive your acts which are very much
against the policies of joint tenancy one of the most prominent one is beside applicable
land rules of registration and transferable title are in the name of the property itself such
answers are usually done without a notice and in the other while the joint tenants have the
result in providing the unity of being destroyed . there is another active any of the tenant
or any of the particular individual tries to sell their part of property to some another
person shall be recognised wrong in the name of law,( Malý, Šafařík and Matoušek,
2019)..Also any such at in which the joint tenancy or any of the joint tenant has put the
whole property on for the area of interest or any mortgage rate generally in case of the
intervention of third party produces a judicial scale of property in several judiciary with
the CO owners of land and the CO owners of property have no issues in a broken down
or can make a code application for the correct participation and accumulating scale of
high court orders for division of the sale proceeds. There is a joint tenancy which can be
secured even in the form of a written agreement where the particular separation of
agreement is defined before any contractual sign is made between two parties. One of the
most challenging part in such things are that one can also be surviving in the joint family
but have acted in a way that generally treats that energy as one of the tenants in common
and such people generally get terminated from such property. This general very issue is
dealt by several quotes and operations where it was said by the court and the judiciary
bench to look up on all the opportunities which can be grabbed by join tenant and how it
can be serving many people quote has generally hundred many types of case and
assessment which can directly define the fact there is a mutual creation among tenancy in
common and not in the tendency ,(Boonstra and Lofvers 2017)
 CONCLUSION
the file consists of a brief analysis over the tenancy act and has provided one of the most
crucial aspect which have to be used in the correct assessment of working agency law and
providing the correct assessment for the situations given. There is a particular response at the
time of all the property as it cannot be properly defined and have to be as per the rules and
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regulations which was not modernize. This means that one has to be very much into the common
law and shall follow a particular amount of individualism when the solution is as per guidelines
and rules and regulations made by the law of country.
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